( Freight Handlers, Express and Station Employes PARTIES 20 DISPUTE:



(a) The Carrier violated the terms of the General Clerical Agreement when it unjustly administered discipline of thirty (30) days actual suspension to Mr. Frank W. Martin resulting from a spurious charge of being absent without permission from proper authority August 27, 1973 to and including September 1.6, 1973s and

 (b) That Mr. Frank W. Martin shall be compensated for all wage and wage equivalents lost because of Carrier's violative action and his record cleared of any disciplinary blemish thereof.

 OPINION OF BOARD: Claimant Frank W. Martin, Jr. alleged that the Carrier
 =Justly imposed a thirty (30) day suspension resulting from a charge of his being absent without permission from August 27, 1973 to September 16, 1973. At the time the discipline was assessed, Claimant had in excess of eighteen (18) years' of service with the Carrier and had a service record clear of any disciplinary action. The thirty (30) day suspension ran from September 24, 1973 until October 23, 1973.

 Pursuant to his request made during the week of August 20, 1973, Claimant, the Chief Clerk at the District Sales Office in Elisabeth, Nam Jersey was absent from work beginning August 27, 1973 for the purpose of having medical tests performed. Ca Wednesday, August 29, 1973 Claimant called and advised the Carrier that on the advice of his doctor, he would be absent from work for a total of three (3) weeks, rather than the originally contemplated period of one (1) week.

 Shortly thereafter, on August 29, 1973, Claimant's supervisor, the District Sales Representative, attempted to call Claimant at his mother's how in Jermyn, Pennsyliania. Claimant's supervisor was informed that Claimant was not home and he war. given a phone number which led him to believe that Claimant eras at a place somewhere in the State of Maine. The supervisor called the Maine number and stoke with the Claimant. During this conversation the Claimant said that he had been released from St. Joseph's Hospital in Carbondale., Penasylvania on the previo
                      Docket Number CL-22797


required to bring a doctor's certificate covering the entire period he was in the hospital and away from the office.

 After this discussion with Claimant, the Carrier called St. Joseph's Hospital and vas advised that no one by the name of "Frank Martin" had been registered as a patient in the last month.

 On September 7, 1973, Claimant came into his supervisor's office to receive his paycheck and vas informed that he would not be paid for the time he had been off because he had been out of his work area. After being asked if he had obtained a doctor's certificate, he submitted a certificate dated September 6, which read as follows:

              "above patient (Claimant) under treatment for acute hypertension, recommend a few days to one week rest."


Claimant was informed that the doctor's certificate would cover, at most, only the period of September 6, 1973 to September 13, 1973; he still needed a certificate covering the first and third weeks of his absence. Such a certificate vas never produced.

 By letter dated September 17, 19T3, Claimant was notified to attend an investigation to be held on September 25, 1973 to per the charge of being absent without permission. In ligh-; of the testimony heard by the Board of Inquiry, the Board found Claimant guilty. By letter dated November 23, 1973, the Organisation presented a claim alleging that the assessment of the thirty (30) day suspension was arbitrary and capricious.

 The claim vas denied by the District Sales Representative on January 14, 1974. The Organization then appealed the decision first to the Regional Sales Manager and then to the Vice President of Sales - East., and in each instance the claim was denied. A final appeal was discussed with the Director of L6bor Relations on May 14, 1975 and then again on April 7, 1978 and vas declined.

 The claim must be denied. Claimant's evasiveness, demonstrated primarily by a lack of any comprehensive medical certificate shoving that he was unable to work from the period August 27, 1973 to September 16, 1973r supports the Board of Inquiry's finding that the thirty (30) day suspension vas not arbitrary or capricious.
                      Award Number 23150 Page 3

                      Docket Number CL-M797


          FI1®IAGS: The Third Division of the Adjustment Board, upon the whole record and all the evidencep finds and holds:


          That the parties waived oral heeu;ing;


That the Carrier and the Employee involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Act.. as approved June 21.. 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

          That the Agteement was not violated.


                        A W A R D


          Claim denied.


                          AATION.·.L RAILROAD ADJUSTMENT BOARD

                          By o--der of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 30th day of January 1981.